19890464 Ver 1_Complete File_19890101

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Mans'
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor August 2, 1989 George T. Everett
William W. Cobey, Jr., Secretary Director
Lt. Colonel Thomas C. Suermann
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Dear Lt. Colonel Suermann:
The State of North Carolina has no more time pursuant to
15 CFR 930 Subpart D, Consistency for Activities Requiring a
Federal License or Permit to complete its review of Corps
Public Notice number SAWC089-N-065-0164. The notice describes
a proposal by Mr. Jack Gilbert Moore, Jr. to place fill in
wetlands adjacent to Wanny's Branch in Deer. Run Subdivision,.
`-" °NeW" "HanQVerF County, Nortji "Carolina. we prowled` I4r . Charles
Hollis of your staff with a letter on 5/4/89 outlining the
results and status of our review at that time. We have
received no new information concerning the proposal since that
time.
Based upon our review, we cannot disagree with the
applicant's determination that the proposal is consistent with
the North Carolina Coastal Management Program provided a 401
Water Quality Certification is received by the applicant.
However, we support the NC Wildlife Resources Commission's
determination included in our 5/4/89 letter that the proposal
is inconsistent with their guidelines for conservation of
wetlands and request that the permit be denied. We will be
happy to consider any modifications to the proposal which
might be more acceptable to the NC Division of Environmental
Management and NC Wildlife Resource Commission.
Should you have any questions about our position or the
condition outlined above, please contact Mr. Steve Benton,
Division of Coastal Management, at [phone].
Sincerely,
.,George T. Everett
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
cc: NC Division of Coastal Management, Wilmington Office
NC Division of Environmental Management
NC Wildlife Resources Commission
Mr. Preston Pate Assistant Director, DCM
.L,f ? d ?4 STAY, Q,
State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
March 3, 1989
Mr. Jack Gilbert Moore, Jr.
530 Aquarius Drive
Wilmington, North Carolina 28405
Subject: Proposed Wetland Fill
Project No. 8902-J
Mr. Jack Gilbert Moore, Jr.
New Hanover County
Dear •Mr. Moore:
The Wilmington Regional Office received your COE Public Notice on
February 10, 1989. A preliminary review indicates that a 401 Water Quality
Certification will be required from our division due to the proposed wetland
fill. A 401 certification is required prior to issuance of a 404 permit.
Because of the many essential functions wetlands provide, including
purification of surface and groundwater, any loss of wetlands as the result of
filling activities is viewed by this Office as degradation of water quality,
and potentially, a loss of these essential functions wetlands provide.
Your project, as proposed, will result in the loss of wetland areas. As
a result, this office is requesting the following additional information be
submitted within 30 days upon receipt of this letter: an alternate proposal
that will eliminate or reduce the proposed fill in wetland areas; or submit an
explanation of why such reductions are not possible and what mitigating
factors we should consider.
Until this office receives your response, your proposal for a 401
Certification will be considered incomplete.
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Jack Gilbert Moore, Jr.
March 3, 1989
Page Two
Should you have any questions concerning this matter, please contact Jim
Gregson, Donald Safrit or me at [phone].
Sincerely,
Original signed BY
A, PREMN HOWARD, A
A. Preston Howard, Jr., P.E.
Regional Supervisor
APH:JG:trw
cc: Bill Mills
Chuck Wakild
Jim Herstine
Charles Hollis
John Parker
Stephen Benton
W_RO: CF - _ , e
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 7, 1989
SUBJECT: File No. CESAW-C089-N-065-0164
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:

Fr;R 0 M
?'f, f(!t)!1 ? ? C: fil
_Enclosed is the application of Mr. Jack Gilbert Moore, Jr., for Department
of the Army authorization and a State Water Quality Certification to place
excavated and fill materials in wetlands adjacent Wanny's Branch on property
off Sidberry Road, Deer Run Subdivision, New Hanover County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid request
for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 27, 1989, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Hugh Heine, telephone (919)
251-4725.
Sincerely,
Cha s W. H lis
hief, Regulatory Branch
Enclosure
w.77-

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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
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Please type or print. Carefully describe all anticipated If you plan to build a marina, also complete and
develpment.activities, including construction, excava- attach Form DCM-MP-2.
tion, filling, paving, land clearing, and stormwater con- b. Is the proposed activity maintenance of an
trol. If the requested information is not relevant to your existing project, new work, or both?
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects. >>
e. "Will the project be for community, private, or
?.commercialuse?
1 Applicant
a: Name ?C1C? C-I 1 OC)(4- MCCC? 3KCUL.Al0RY F4RA,P1C1
d. Describe the planned use of the project.
Address fkU' k..t"IU`?
City State ?l L
zip ) lJ J Day phone _JCE I - l 1 6 1
y` Landowner or Authorized agent
4 Land and Water Characteristics
b. Project name (if any)
(
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`a
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e
a
a. Size of entire tract
.
c. If the applicant is not the landowner, also give the b. Size of individual lot(s) A Ak U(
owner's name and address.
c. Elevation of tract above mean sea level or
?tiQrxa? Ge_pdetic Vertical Datum-.,
2 Location of Proposed Project
a. Street address or second a; road number
d. Soil type(s) and texture(s) of tract ,
I{?CCt I n ?0.?'uff; Eck + r?`1 C1(?c-
?0 tie , 1'?f kr1
e. Vegetation on tract MC) CA
(are\?b?t+y (CCA rx?&-EJ?C.
f. Man-made features now on tract (t[ k- f oadf
b. Carty, towrcommunity, or landmark
11p?i Ku,1 3 U..b6 ?0 ?,
??C\ ty ecl
c. County WU) Haf1Ck{Q.'C
d. Is proposed work within city limits or planning
jurisdiction? X10
e. Name of body of water nearest project
3 Description and Planned Use
of Proposed Project
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
:? - IS
i. How are adjacent waters classified?
j. Hasa professional archaeoI gical survey been
carried out for the tract? If so, by whom?
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). t:sy\(??'\( C

5 Upland Development
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels Ur\?,
c. Density (Give the number of residential units and the
units per acre.) c.:\ 'f\ c 0 (h2 ,
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? 140
f. 4G?veethe-percentage*of the-tract=within--7-5feet,of
mean higter to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? ? La
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
?(, > Cat ,? t\ ac I ? roc r, i e In
m. Water supply source t,v ? \k
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
publi beach accessways or provide new access.
01A
If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? N q
6 Excavation And Fill Information
a. Describe below the purpose of proposed excavation
or fill activities (excluding ` bulkheads, which are
overedln Sectron 7)
Length .Width Depth
Acsess- WAftel
(MLW) or (NWL)
Boa?asirt ..
Other (break-
water, pier,
boat ramp,
rock jetty) _-,
Fill placed in
wetland or below
MHW 11c?t:? ` S,t ?-
j. Have these facilities received state or local approval?
Upland fill
areas

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b. Amount of material to be excavated from below
water level in cubic yards :a 6 91 S CA-A) J (t"tl'?,
k. Describe existing treatment facilities. c. Type of material
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). :A4r"i,f;, r s ,.; n(*-?
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
e. High ground excavation, in cubic yards
n ?,
,.r s ,:
f. Dimensions of spoil disposal area
g. Location of spoil disposal area Crn i \ C.
h. Do you claim title to the disposal area? ` (,%>
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? MCI
If so, where?
c. Shoreline rosion during preceding 12 months, in
feet N1 V-
d. Type of bulkhead material 141/4
e. Amount of fill, in cubic yards, to be placed below
mean high water N) to
f. Type of fill material i (}_
8 Additional Information
j. Does the disposal area include any marshland,
swamps, or water areas?
?.-Q`'
k. Will the fill material be placed below mean high
water? ?Ct:)
1. Amount of fill in cubic yards (k QRl Y CU Z V W15
in. Type of fill material -_1x, 1u 6
n. Source of fill material ;-)Ck?'(Om,OC6 Qunir?j
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
o.. Will All material be placed on marsh or other
An accurate work?lat (mcluM.plan y--W,ar a ss.:. ?;
=1r _ _a sectional drawings-) awry to-scale-in-black-ink-orran-g
P. Dimensions of the we d to be filled 1/2 x 11 white paper. (Refer to Coastal Resources -
'??,c -? 1 h U1 k 64d k - Commission Rule 7J.0203 for a detailed description.)
q. How will excavated or fill material be kept on site
and erosion controlled?
tlk'
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? ?lX he>? °+ 11? ?or.r
s. Will wetlands be crossed in transporting equipment
to project site? hIo If yes, explain steps that will
be taken to lessen environmental impacts.
7 Shoreline Stabilization
a. Length of bulkhead or riprap
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that-op-
portunity.
b. Average distance waterward of mean high water or
normal water level 1j I y- -
1+' # . I
Name
Address
.01
9 Certification and Permission
to Enter on Land
Name
Address
Name
.Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable to the Depart ment of
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
Natural Resources and Community Development to
cover the costs of processing the application. This is the ay f , 19
A signed AEC hazard notice for projects in oceanirQnt X 6^? --- -
__. A .
and inlet areas Lando . er or A tho ij?k_
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-065-0164 February 2, 1989
PUBLIC NOTICE
MR. JACK GILBERT MOORE, JR., 530 Aquarius Drive, Wilmington, North
Carolina 28405, has applied for a Department of the Army permit TO PLACE
EXCAVATED AND FILL MATERIALS IN WETLANDS ADJACENT WANNY'S BRANCH ON PROPERTY
OFF SIDBERRY ROAD, DEER RUN SUBDIVISION, New Hanover County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of fill material to establish a
735-foot-long, 10-foot-wide access road, a 50-foot-wide, 95-foot-long septic
field and a 60-foot-wide, 70-foot-long house site. Also, plans involve the
placement of excavated material resulting from excavation of 1700 linear feet
of 3-foot-wide, 2.5-foot-deep drainage ditches. A total of approximately
9,300 square feet; (0.21 acre) of wetlands would, be filled. The purpose of
the work is tp -:facllitate construction, of
a =,:s g amiay-,dsaelld-a .on they:.
4.99-acre at°te. Plans showing the- work 'ate nc-luded` wi-th this' public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of. a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the.North.Carolina Coastal Area
Management Act (CAMA) by the, North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,

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-2-
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Qaaltty n, or aro na v s on o an Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered.property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on,a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative

-3-
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit s:erves.as application to the DEM for. certification.
Additional information regarding _the CI-ean W-a er ,Act ,.certification may be
reviewed at.the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will-be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 24, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before February 20, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
March 6, 1989, or telephone [phone].
..
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